Saturday, July 2, 2011

Procedure in respect of Disciplinary matter.

O.M.No: GAD 49 DIF 59, dated 8th April 1960.
Sub:- Procedure in respect of Disciplinary matter.
Ref:- Circular letter No. GAD 36 DIF(Int) 58, dated 15th November 1958.
In paragraph 2 of Government of India, Ministry of Home Affairs, letter No. 21/3/58(S), dated 30th October 1958, a copy of which was forwarded to Heads of Department and Secretaries to Government for information with the Circular letter referred to above, it was suggested that appeals or petitions preferred before or after the 1st November 1956 by persons dismissed, removed or compulsorily retired from service prior to 1st November 1956 should be disposed of by the principal successor State and in case it was ultimately decided to reinstate the Government servant, the question of his allocation will be decided in consultation with the State Governments concerned. It was pointed out to the Government of India by certain State Governments that while following this procedure, difficulties were likely to arise in the cases of persons who were serving in an area which after reorganisation formed part of another State, as the conclusions arrived at by the Government of the principal successor State might not necessarily be acceptable to the Government of the other State and the latter might not agree to the reallocation of that person to that State.
The Government of India have re-examined the matter in the light of the views expressed by the State Governments and have decided as follows:-
(i) The principal successor State should consider and decide on merits any appeal or petition preferred before or after the 1st November 1956 by an officer dismissed, removed or compulsorily retired prior to 1st November 1956.
(ii) If on a consideration of the merits of the case, it is decided by the principal successor State to allow the appeal and to reinstate the officer, necessary orders may be passed by them and the officer should be reinstated in the principal successor State. Thereafter, they may take up the question of the allocation of the officer and deal with the matter as if the officer concerned was available for allocation on the 31st October 1956.
(iii) If it is decided to allot the officer to any other State, the other Government's concurrence should be obtained. In case of disagreement the Central Government may be approached for passing necessary orders.
The above decisions of the Government of India are communicated to the Secretaries to Government and Heads of Departments for information and future guidance in dealing with cases of disciplinary proceedings initiated before or after 1st November 1956.

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